We are entering the season of work-sponsored holiday parties. When an employer-sponsored party is held off of work premises such as at a hotel, casino or restaurant and an employee is injured at the party or during the trip to or from the event, whether the injury is covered under Maryland Workers’ Compensation law can be a complicated question.
Maryland Workers’ Compensation law says that if a worker’s injury arose out of and in the course of employment, the employee will qualify for Workers’ Compensation benefits for that work-related harm. While many cases obviously arise out of and in the course of employment, still others happen during circumstances that are not as clear.
We represent injured Maryland construction workers in their Workers’ Compensation claims and in third-party lawsuits, where appropriate. Last month, the Court of Special Appeals of Maryland decided an unpublished case that sheds light on issues that can arise in construction injury claims involving subcontractor employees.
The short answer to this question is yes, but it depends. We represent clients with a wide variety of mental and physical work-related impairments, including post-traumatic stress disorder, often referred to as PTSD. The disease itself as well as how Maryland Workers’ Compensation law treats it are extremely complex. It is important after work-related trauma not only to get mental health treatment, but also to consult a Workers’ Compensation lawyer with specific PTSD experience.
A Maryland employee who sustains a work-related injury or develops an occupational disease is entitled to Workers’ Compensation. Most people think of Workers’ Compensation as consisting of payments that are a percent of the person’s average wages, as well as medical treatment.
Here at Cohen, Snyder, Eisenberg & Katzenberg, P.A., we represent people in Workers’ Compensation claims of all types and at all stages of the application and appeals process. We do not hesitate to take cases involving complex legal issues.
Today we continue our discussion of Workers' Compensation benefits available to surviving dependents of Maryland workers who suffered work-related deaths. In Part 1, we discussed dependency.
It is tough under any circumstances when a family member or loved one dies accidently in the course of working or from an occupational disease. When the deceased provided financial support from his or her wages for other individuals, the sudden loss of that income can create a financial crisis.
When a Maryland worker is eligible for Workers’ Compensation, the nature of the particular work-related injury or illness determines the kind and amount of benefits allowed. Each state has its own laws that set out the benefit types and Maryland’s benefit scheme is particularly complex.
Broadly, an injured or sick worker is eligible for Maryland workers’ compensation benefits if the injury or disease is work related. The legal and factual question is whether an injury or illness arose out of and in the scope of employment. When a claim is denied, whether the injury met this standard is often the issue disputed by the employer or insurer.